Glue Traps (Offences) Bill

Jane Stevenson Excerpts

Report stage
Friday 4th February 2022 Commons Chamber

[Mark Tami]

First, I would like to put on record my thanks to the hon. Member for Wolverhampton North East (Jane Stevenson) for bringing in this Bill. Particularly as she is a new Member, I hope she will get the Bill through. That would be more than I have done in 20 years in this House, so she will have done incredibly well.

Following other Members, I feel I must very quickly, before I upset you, Madam Deputy Speaker, mention Muffin, Bobby and Mrs Skittles, who are my cats. I would advise Members to look at the House calendar, because Mrs Skittles features in this month’s photograph. That was organised by the late David Amess, who organised the competition for many years. We certainly miss him in this place.

My amendments cover two key areas. The first area looks at where a trap is laid and an animal other than a rodent is caught. At present, the wording in the Bill is:

“A person who sets a glue trap in England for the purpose of catching a rodent commits an offence.”

I am sure Members of the House are well aware that it is not just rodents that are caught in glue traps—even though that practice, to me, is barbaric in itself. Birds are caught too. They are also probably aware of the tragic situation in which a pet cat was trapped for some time on a glue trap or a number of glue traps and had to be put down. I hope this provision is not a loophole; I am looking at the Minister. I am sure, as we have heard previously, that that is covered in other legislation and that there is not a problem with any loophole in this Bill. Clearly, if people look to get around the legislation by claiming that they are laying traps for a different purpose, that defeats what we are trying to achieve.

The second area looks at dealing with regulation. Pest control is not a very well regulated industry, and the concern I and a number of others have is that we cannot have a situation in which anybody can designate themselves as a pest controller. I would certainly want some assurances that that is not the case, so that a porter in a hotel or a restaurant—or the owner, or anybody else—could not suddenly describe themselves as a pest controller and have access to glue traps. It is important that the industry is regulated, or at the very least that there are some assurances that this is a person’s profession rather than something they have just decided to do for a period of time.

I would like those assurances, and if I receive them I will wish the Bill swift progress and will not push the amendments to a vote.

[Jane Stevenson (Wolverhampton North East) (Con)]

I want to speak briefly to the amendments, as it gives me a chance to thank the right hon. Member for Alyn and Deeside (Mark Tami) for all his work on glue traps. He has tabled an early-day motion on these barbaric traps and we share the aim of stopping the cruelty and suffering that, sadly, they cause. I want to reassure him: I have also been contacted by animal welfare charities and believe that clause 1(2) closes the loophole:

“A person who sets a glue trap in England in a manner which gives rise to a risk that a rodent will become caught in the glue trap commits an offence.”

I cannot think of a location where a trap could be set even if someone said they were setting it for parrots or for cats; I cannot think of an occasion when another animal could be in a place that could be guaranteed to be free of rodent access. For that reason I did not think that the amendments were necessary, but I appreciate the right hon. Gentleman’s efforts.

The other points the right hon. Gentleman raises in the amendments give me the chance again to plead with the Minister to make the licensing enforcement regime watertight. I share the concern that people given licences should have to prove a very high level of competence in the ability to dispatch quickly and humanely any animal stuck on a glue trap. I thank the right hon. Gentleman again for his contributions.

[The Minister for Farming, Fisheries and Food (Victoria Prentis)]

I hope I will be able to reassure the right hon. Member for Alyn and Deeside (Mark Tami), and indeed Muffin, Bobby and Mrs Skittles along the way.

I understand the concern expressed through the amendments on glue traps, as we do want to prevent other small vertebrate animals and indeed birds from falling victim to the traps. The Bill already addresses that in its current wording, however, so the amendments are unnecessary.

The Bill refers specifically to rodents as they are the primary target of glue traps, which are marketed with catching rodents in mind; however, it would not be a defence for a user to claim that a trap had been set to catch a vertebrate that was not a rodent. If a trap is set in a manner which gives rise to a risk that a rodent will become caught, that is an offence regardless of the intent. It does not matter what was the target or intended target of the trap; if a trap is set outdoors to catch another vertebrate animal, that in itself is an offence, so other vertebrate animals at risk from a glue trap would still be protected by this Bill. It is also important to note that it is already an offence under the Wildlife and Countryside Act 1981 to set a glue trap in any place where a wild bird could be caught.

Again, I understand the reasoning behind amendments 4 and 5, but the Bill already covers what they seek to address. They might also create difficulties for a future licensing regime. The Bill is drafted to allow a range of licences to be granted in order to ensure that the Secretary of State has the flexibility to grant the most suitable type of licence for the intended use or pest controller. The precise details of the licensing regime will only be worked out following extensive discussions with stakeholders, who will include pest controllers, animal welfare organisations and the licensing body. We do not want to prejudge the outcome of these discussions; however, whatever the form of licence granted, the Bill makes it explicit that licences can only be issued to pest controllers on an exceptional basis.

The Bill sets out clear limits on the Secretary of State’s power to grant licences to ensure that any licence can only be granted once the Secretary of State is satisfied that the licence is necessary to preserve public health or safety and there is no other satisfactory solution available to meet this purpose. It would not be appropriate further to restrict the type of licence that could be granted, as that might need to reflect a number of variables such as their intended use, the pest controller to whom the licence is to be granted, and the measures that can be taken to safeguard the welfare of any rodents or other animals that might be caught in a licensed glue trap.

Finally, I turn to amendment 6. Again, I fully understand what the right hon. Member for Alyn and Deeside is trying to get at in the amendment, but I think it is unnecessary, as it would not change the effect of clause 2 and his concerns will be addressed through the licensing regime. The amendment seeks to ensure that the definition of pest controller is worded to apply to a business that provides a pest control service. The current wording—

“a person…who, in the course of a business, provides a service which consists of, or involves, pest control”—

amounts to the same thing. I know that he is concerned that a restaurant owner could class themselves as a pest controller. However, we cannot see that a court would agree with that interpretation; indeed, no one would like to think of a restaurant business providing its customers with a service that included pest control.

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[Jane Stevenson]

I beg to move, That the Bill be now read the Third time.

I am delighted to present the Bill for its Third Reading. I thank all hon. Members who have supported it to this stage, as well as animal welfare groups and members of the public who have contacted me in support of it. The Bill has broad support. I should also like to take a moment to thank my hon. Friend the Member for Truro and Falmouth (Cherilyn Mackrory). Unfortunately, at the time of the Bill’s Second Reading, I was struck down by covid-19 and propped up on a sofa, so my hon. Friend very capably presented the Bill. Sadly, she cannot be here today for me to thank her in person, but it is good to put that on the record.

The Bill would ban the use of glue traps for catching rodents in all but the most exceptional circumstances. The important thing is that members of the public will no longer be able to use these traps. We heard distressing evidence while the Bill was being drawn up from people who had no idea that they would come down after setting a trap the night before to find a screaming, live, distressed rodent attached to a board in their kitchen in a small flat. They had no idea how to dispatch the animal humanely. They had no idea that they would have to deal with such a distressing situation. I received correspondence from people who urged others not even to consider using these traps because of the significant distress it had caused them to feel that they had to dispatch a suffering animal.

Glue traps cause immense suffering. The British Veterinary Association reports that trapped animals can suffer from

“torn skin, broken limbs and hair removal and die a slow and painful death from suffocation, starvation, exhaustion and even self-mutilation.”

Many other animals are caught on the traps, with over 200 incidents reported to the Royal Society for the Prevention of Cruelty to Animals over five years, involving cats, garden birds, hedgehogs, squirrels and even a parrot. The right hon. Member for Alyn and Deeside (Mark Tami) mentioned Miles the cat, who was stuck to four glue traps. He had a large infected wound where he had tried to free himself from the traps, and his back legs had been stuck together. The RSPCA took him to a hospital to try to save him, but sadly his injuries were too severe and he had to be euthanised.

It is therefore not surprising that a 2015 survey found that 68% of the public support banning glue traps. While the Bill applies only to England, I note that since I introduced it in June last year, the Welsh and Scottish Governments have announced their intention to ban glue traps. I send my thanks to Members of the Welsh Assembly and the Scottish Parliament for the work they are doing to move in step with this Bill in the name of animal welfare.

I would like to give some reassurance about the concerns raised on Second Reading by my hon. Friend the Member for Christchurch (Sir Christopher Chope)—he is not in his place today—that this is a rat protection Bill. It is not. There is no evidence to suggest issues in dealing with rodent infestations in Ireland and New Zealand, where such traps have been banned. There are so many other, better methods available. Effective rodent-proofing is the best solution and, when used with live capture and release traps, is the method that I would recommend. I used that method when I had a mouse visitor to my house in the past. There is no distress and no need to deal with a dead animal, which most members of the public do not have the stomach for at the best of times. Break-back traps are also available and, while they seem cruel, they do kill instantly in most cases, so they are much more humane than glue traps.

I have brought the Bill before the House because where we need to prevent rodent infestations, we have a duty kill animals in the most humane way possible, and that is at its core. It is right that glue traps will not be available for use by the general public.

[Mark Tami]

I raised earlier the availability of these traps on eBay and in other places. When the Bill comes in, we need to be sure that people cannot still access them—this is a problem with all sorts of things—via the internet.

[Jane Stevenson]

I thank the hon. Member for his contribution, and I hope that we will have that education around their sale. Most hardware shops, where they used to be available, have already stopped selling them, but they are still available online. Hon. Members have asked why the Bill does not propose an outright ban on their sale. With devolved Administrations travelling at different speeds, that was not possible. However, he raises a valuable point. It is crucial to educate members of the public that these traps will no longer be legal, and I would like people who sell them—well, they should not be selling them—to advise that they should be used only by licensed pest controllers with a licence to use them.

I hope we can agree that the Bill will provide significant improvements to animal welfare standards. The Government have made real progress in animal welfare over the years, including on puppy smuggling and live animal exports, and I am proud to join the large number of MPs pushing for better animal welfare. At this point, I want to pay tribute to Sir David Amess. The last time I saw him, we discussed the Bill at an event for the Conservative Animal Welfare Foundation at our party conference where he was promoting Beatrice’s Bill: an end to hen caging. I hope that, at some point, we will fulfil his legacy by passing a Bill to that effect.

It has been a great honour to describe the Bill and I look forward to hearing hon. Members’ contributions. It is crucial that we end the use of these traps as quickly as possible. There will be a two-year period during which a licensing regime will be put in place, and I hope that that will ensure that licences are given only in exceptional circumstances. In New Zealand, fewer than a dozen are granted each year, and I hope that our use of them will reflect that figure.

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[Stuart Anderson]

That is a genuine one I have had. However, when I think of it, it is very hard to bring forward something meaningful that will get the support of the House and change legislation. We have seen my hon. Friend the Member for Romford (Andrew Rosindell) and now my hon. Friend the Member for Wolverhampton North East introduce two great Bills.

As we have heard, the point of this Bill is to ban the use of glue traps to catch rodents in all but the most exceptional circumstances. That is a fair and proportionate policy, which is in line with the Government’s own world-leading action plan for animal welfare. The action plan has already introduced a series of reforms providing further protection for the welfare of animals, whether they are on the farm, at home or in the wild. It is also committed to restricting the use of glue traps as a means of pest control; as has already been mentioned today, there are more humane ways of removing rodents from our buildings.

The manifesto on which I was proudly elected states

“High standards of animal welfare are one of the hallmarks of a civilised society. We have a long tradition of protecting animals in this country, often many years before others follow.”

Glue traps are inhumane tools which go against that theme. They cause great suffering and painful deaths to animals. Their use is cruel. Animals can remain alive for 24 hours after capture, and my hon. Friend the Member for Wolverhampton North East gave some examples of the unintended consequences involving pets and wildlife.

I agree with my hon. Friend that we have a responsibility to use the most humane methods in order to prevent unnecessary suffering. Levelling up animal welfare standards ought to be a top priority for all levels of Government, and also—as we heard from one of my Welsh colleagues, my hon. Friend the Member for Montgomeryshire (Craig Williams)—for the devolved Administrations. I hope that news about the great progress that is being achieved through this Bill will travel far and wide, and will feature prominently in Ministers’ conversations with devolved Administrations.

As we know, however, glue traps are not the only things that animals can find themselves caught up in. Since the introduction of the plastic bag charge, the Government have successfully prevented billions of plastic bags from being sold and ending up in oceans and the environment where they have the potential to harm animals. I am a keen advocate for a safer, cleaner Wolverhampton, and, as my hon. Friend will know, I regularly run “Stuart’s street clean”. In the centre of a huge, built-up area is a beautiful place called Smestow Valley. If you walk down there from Cupcake Lane, you could be in any nature reserve in a country area rather than in the middle of a built-up urban area, and you would absolutely love it. I recently went on a litter pick there, and Members will be pleased to hear that the number of plastic bags has been reduced as a result. The wildlife in the valley is amazing, and it is a great pleasure to walk or run along it, perhaps with the family. Many dog walkers enjoy doing that.

[Jane Stevenson]

I thank my hon. Friend for his regular litter picks, which have become somewhat legendary in my home city. Does he agree that in an urban, industrial centre such as Wolverhampton we need to enjoy what nature we do have? Given that Smestow Valley and the canal network that spreads into my constituency—the canals around Wednesfield—are such a haven for wildlife, should we not do all that we can to protect them?

[Stuart Anderson]

I do agree with my hon. Friend. It is such a beautiful area, and we must indeed do everything possible to ensure that it is preserved. We have many beautiful parks as well. I know that this is not meant to be a Wolverhamptonfest, but it would be remiss of me not to mention, for instance, West Park and Bantock Park.

As I have said, I was proud to be elected on a manifesto which pledged to raise standards in areas such as animal welfare and the environment, and that is why I am delighted to support my neighbour’s Bill.

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[Jerome Mayhew]

I thank, I think, my hon. Friend for her intervention. One thing to be said for baseball bats as a method of controlling rodents is that, although they may not be very effective, and people rarely make contact, when they do, they are decisive.

I reminisce because we need to control rats and rodents, but we share this world. Growing up with the kind of childhood that I had, I instinctively understood how much we share this world with wildlife and I benefited enormously from that. When we need to control animals, therefore, particularly sophisticated animals such as mice and rats, we need to do that quickly and humanely, so I support the Bill almost in its entirety.

I run the risk of sounding a bit like a lawyer this morning, because I made a rather tedious intervention on the previous Bill and I am afraid I will do so again. I made the point on Second Reading, and was punished by being put on the Committee as well, where I took the opportunity to make the same point, for which I received cross-party support and agreement, that there is an issue in clause 1(5) that needs to be addressed.

The Bill has the effect of outlawing the laying of glue traps, but not entirely. It is still perfectly legal for licensed operators to lay glue traps in certain circumstances. Clause 1(4) says:

“A person who knowingly causes or permits an offence to be committed under subsection (1) or (2) commits an offence.”

That has in mind people who perhaps pay someone else to lay a glue trap on their behalf. Clause 1(5) says,

“A person commits an offence if the person—

(a) finds a glue trap in England that has been set in a manner which gives rise to a risk that a rodent will become caught in the glue trap, and

(b) without reasonable excuse, fails to ensure that the glue trap no longer gives rise to such a risk.”

This subsection relates to the passer-by. It is in that context that I have significant concerns about the current drafting, because a bystander will need to know the legal requirements for the setting of a glue trap.

A perfectly innocent bystander or passer-by who sees a glue trap in any situation will have to identify, first, that it is illegal, and then whether it is a licensed glue trap. Either it will put the passer-by at risk of committing an offence or it will be a terrible nuisance to licensed operators who legally lay glue traps for which there is a specific need, as passers-by will throw themselves upon the glue traps to disable them. I am concerned that the drafting still does not take account of this genuine concern.

[Jane Stevenson]

I thank my hon. Friend for enduring the ordeal of serving on the Public Bill Committee, to which he made a valuable contribution. I understand his concern about these measures, but it is crucial that we close the loopholes. I do not think a member of the public could be expected to know, and it would be a reasonable excuse, because a glue trap is essentially a piece of cardboard that is not recognisable as being very harmful, but a pub landlord might ask a pest controller to put them down, and he would be liable. He could not claim, “It wasn’t me, so I cannot be prosecuted.”

[Jerome Mayhew]

Actually, my hon. Friend’s example would be caught be clause 1(4).

I am also concerned about clause 1(5)(b), because it has the seeming effect of reversing the burden of proof. The defendant, the innocent passer-by, has to prove that they had a reasonable excuse. I would be grateful if the Minister addressed that point to reassure me and other hon. Members that we will not inadvertently create unintended consequences while continuing to support what is, without doubt, a very useful and much-needed amendment to our legislation.

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[Jane Stevenson]

With the leave of the House, I would like to take a few moments to thank everyone for their interesting and sometimes disturbing contributions to today’s debate, including my hon. Friends the Members for Montgomeryshire (Craig Williams), for Bassetlaw (Brendan Clarke-Smith), for Wolverhampton South West (Stuart Anderson), for Great Grimsby (Lia Nici) and for Stockton South (Matt Vickers). I would also like to thank Members who supported the Bill in Committee and its earlier stages.

I could not close without thanking all the animal charities. We had several online roundtables throughout this process. There are too many to mention, but the Humane Society, the RSPCA, the UK Centre for Animal Law, Cats Protection, People for the Ethical Treatment of Animals and the Conservative Animal Welfare Foundation are among them. I again thank the Minister for her reassurance that they will be involved in the licensing regime to make sure that humane options that they have suggested, such as pressure pads or maximum time limits, are looked at.

[Lia Nici]

We had a discussion about this issue, and it is something I am concerned about with animal welfare. There has been lots of discussion about what happens when a rodent or any animal is caught on a glue trap. Often, that animal will be in distress and probably take at least 24 hours to die. I notice in the Bill that it does not stipulate anywhere for a professional pest control organisation or person to act. Could they just lay a glue trap and it be there for a very long time and we would still be in the same situation with inhumane death, or is there something else that we would expect to see?

[Jane Stevenson]

I reassure my hon. Friend that very strong representations have been made to the Minister, and I do not think her arm needs twisting too hard on this issue. I would like to see pressure pads used with glue traps, because it will be rare that they are used, and the placement of a pressure pad underneath a glue trap could alert a licensed pest controller almost immediately to an animal. I hope that any licences granted would have a responsibility to attend that animal in a very short timeframe. It is an important point, and I thank my hon. Friend for raising it.

I also thank the team at DEFRA, who have been fantastic in helping to draft the Bill. I thank the people in my office, who are all sitting in Wolverhampton, cheering the Bill on today. I also thank the dynamic duo on the Opposition Benches, the hon. Member for Newport West (Ruth Jones) and the right hon. Member for Alyn and Deeside (Mark Tami). Both are such heroes for animal welfare, and it is a great pleasure to see their commitment to getting animal welfare legislation through and working so co-operatively and sensibly on this Bill.

Finally, I thank the Ministers, my hon. Friend the Member for Bury St Edmunds (Jo Churchill) and my hon. Friend the Member for Banbury (Victoria Prentis), who I thank for her rat reproduction and history lesson today. I had absolutely no idea that the first mousetrap was invented in 1475, which is absolutely fascinating.

Briefly, when I look back into my family history I see that one of the great industries of Wolverhampton in the 18th and 19th century was making animal traps, and that my Mattox ancestors were vermin trap makers in Wednesfield in Wolverhampton, so perhaps my bringing this Bill before the House is a sort of atonement on a descendants’ basis. I had not thought of it until the Minister raised the historical context of our trapping rodents. I am a lifelong animal lover, and I had pet gerbils as a child—we have heard about a lot of pets today—but I was not disturbed by rodents in my bedroom running around and keeping me awake. I greatly enjoyed keeping gerbils, and I have great fondness for rodents, who are very intelligent animals.

With all my thank yous wound up, I thank you, Madam Deputy Speaker, for indulging me in with a few moments at the end of the debate. I look forward to seeing the Bill progress. Another thank you goes to Baroness Foulkes, who will hopefully introduce the Bill in the House of Lords next week.

Question put and agreed to.

Bill accordingly read the Third time and passed.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Congratulations.